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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/04/19 09:56
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Chapter Law Content

Chapter Five - Supplemental Provisions
Article 35
One who violates a confidentiality preservation order under this Act shall be subject to a sentence of imprisonment not more than three years, detention, or in lieu thereof or in addition thereto, a fine of not more than NT$100,000.
Prosecution for an offense described in the preceding paragraph may be instituted only upon complaint.
Article 36
Where an artificial person's responsible person, agent or employee or operator of an artificial person or a natural person, commits in conducting business an offense described in the first paragraph of the preceding article, not only shall the committer be punished, but such artificial person or natural person shall also be subject to the fine set forth in the first paragraph of the preceding article.
Where a complaint is initiated or withdrawn against the committer in the preceding paragraph, the legal effect shall extend to the artificial person or natural person. Where a complaint is initiated or withdrawn against an artificial person or natural person in the preceding paragraph, the legal effect shall extend to the committer.
Article 37
When a civil action of an intellectual property trial is pending at the district court or at the High Court before this Act comes into force, the jurisdiction and adjudication proceedings shall be subject to the following:
1. Taking into account the progress of the case, the district court or the High court shall conclude the case pursuant to the rules and proceedings prescribed in this Act, provided the legal effect of the proceedings already completed in due process is not affected.
2. If an appeal is filed against a judgment of the district court, and the related dossier documents have not been forwarded to the court of appeal, such case shall be submitted to the Intellectual Property Court as a second instance court.
Where any cases concerning Article 23 and any supplemental civil actions thereto have been pending at the courts of various levels before this Act comes into force, any subsequent actions shall be concluded at the respective courts pursuant to the rules and proceedings prescribed in this Act, provided the legal effect of the proceedings already completed in due process is not affected.
Where any intellectual property administrative actions have been pending at the High Administrative Court before this Acts comes into force, such court shall, taking into account the progress of the cases, conclude the cases pursuant to the rules and proceedings prescribed in this Act, provided the legal effect of the proceedings completed in due process is not affected.
Article 38
The Judicial Yuan shall enact the implementation rules and adjudication rules of this Act.
Article 39
This Act shall come into effect on a date to be prescribed by the Judicial Yuan.
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